Herbert Smith Freehills and its offices, branches and associated firms ("HSF", "we", "our" or "us") is an international legal practice. See www.herbertsmithfreehills.com/legal-and-regulatory for further details about our structure and firms.
We are committed to ensuring that when we collect and use information provided to us or information about visitors to our websites (as described below) we do so in accordance with applicable data privacy laws.
- herbertsmithfreehills.com (including content under sub-domains of herbertsmithfreehills.com);
- our mobile apps; and
together, our "online services".
3. Information collection
We will collect personal information directly from you, from clients or from authorised representatives. We may also collect personal information from third parties such as regulatory authorities, your employer, other organisations with whom you have dealings, government agencies, credit reporting agencies, recruitment agencies, information or service providers, publicly available records and the third parties described in the ‘Disclosure of your information’ section below. We will handle any unsolicited information in accordance with law, including destroying or de-identifying such information where we are required to do so by a relevant law.
We may collect current and historical personal information including your name, contact details, identification, organisation, employment, positions held and enquiry/complaint details. We may also collect personal information about your other dealings with us and our clients, including any contact we have with you in person, by telephone, email or online.
When you use our online services, we may collect the following:
- Information you provide by completing forms (this includes information you give us when registering for any of our online services, subscribing to our services, submitting material or requesting further services);
- Information you provide to us if you contact us, for example to report a problem with our online services or raise a query or comment; and
- Details of visits made to our online services including, but not limited to, the volume of traffic received, logs (including, where available, the IP address and location of the device connecting to the online services and other technical information and identifiers about the device and the nature of the visit) and the resources accessed.
Careers and Recruitment
If you apply for a job or work placement you may need to provide information about your education, employment, racial background and state of health. Your application will constitute your express consent to our use of this information to assess your application and to allow us to carry out both recruitment analytics and any monitoring activities which may be required of us under applicable law as an employer. We may also carry out screening checks (including reference, background, directorship, financial probity, identity, eligibility to work, vocational suitability and criminal record checks) and consider you for other positions. We may exchange your personal information with academic institutions, recruiters, screening check providers, health service providers, professional and trade associations, law enforcement agencies, recruitment analytics providers, referees and your current and previous employers. Without your personal information we may not be able to progress considering you for positions with us.
If you are a former employee and wish to join our alumni programme we will collect personal information such as your contact details (including addresses and phone numbers), information about your current employment and professional qualifications, basic details of your time with us and information about your preferences and engagement with the programme. Visit www.alumni.hsf.com to access the Alumni Hub including your profile information if applicable.
4. Use of your information
We use your information where it is necessary for the performance of a contract with you or necessary in connection with a legal obligation; where you have provided your consent to such use; or where we otherwise consider such use of your information as not detrimental to you, within your reasonable expectations and necessary to fulfil our legitimate interests. In particular we use your information in order to provide you with, and improve, our services, for example:
- To carry out our obligations arising from any contracts entered into between you and us
- To facilitate our internal business operations, including to fulfil our legal requirements (including in relation to anti-money laundering) and professional obligations; and
- To maintain and develop our relationship with you
- To provide you on an ongoing basis with information and services, including legal advice, that you request from us or which we feel may interest you as permitted under applicable law, and to measure the popularity and effectiveness of services such as newsletters and seminar invitations, in order to improve what we offer to you and other recipients
- To ensure that content from our online services is presented in the most effective and secure manner for you and for your device and settings
- For research, planning, service development, security or risk management
- To maintain and update our records
- To allow you to use or access interactive features or secure areas of our websites, when you choose to do so.
We may not be able to do these things without your personal information.
Under applicable data protection legislation we have a duty of care to ensure that your personal information is accurate and up to date. Therefore, please advise us of any changes to your information at [email protected].
We will only retain your personal information for as long as is reasonably necessary in the circumstances. Personal information provided in connection with the provision of our legal services will be retained for no longer than fifteen years unless we agree otherwise with you. Our online services may have different retention periods which you will be notified of separately when you access those services.
5. Disclosure of your information
We own the database rights in the information collected via our online services. We do not trade in or rent out this information.
As an international legal practice, we may in providing our services and operating our business, allow our offices, branches, subsidiaries and associated firms and our service providers to access your information.
In addition, we may exchange your personal information with third parties where:
- You have consented to us sharing your personal information in this way;
- We are under a legal, regulatory or professional obligation to do so (for example, in order to comply with anti-money laundering requirements) or in order to enforce or apply our Business Terms (or other client terms) or to protect the rights and interests, property, or safety of HSF, our clients or others;
- All, or substantially all the assets of an entity within HSF are merged with or acquired by a third party, or we expand or re-organise our business, in which case your personal information may form part of the transferred or merged assets or we may need to transfer your information to new entities or third parties through which our business will be carried out;
- It is relevant in the circumstances to disclose the information to our clients, your employer or place of business, your professional advisers and parties with whom we have co-promotional arrangements (such as jointly sponsored events);
- We provide anonymous statistical information about users of our websites and related usage information to reputable third parties, including analytics and search engine providers; or
- We use a third party service provider to provide services that involve data processing, for example archival, auditing, reference checking, professional advisory (including legal, accounting, financial and business consulting), mailing house, delivery, technology, website, research, banking, payment, client contact, data processing, insurance, forensic, litigation support, marketing and security services.
Some of the third parties with whom we share personal information may be located outside your country or the country from which the data were provided (collectively the "jurisdiction of origin"), including in the countries where HSF has offices (see “HSF office locations” below) or the countries where a firm that we have an association or alliance with has an office. While such third parties will often be subject to privacy and confidentiality obligations, you accept that where lawful such obligations may differ from and be less stringent than the requirements of the privacy laws of the jurisdiction of origin. In those cases we are not responsible for imposing the laws of the jurisdiction of origin, and you may not be able to seek redress under those laws.
Personal information shared between HSF offices will at all times be subject to the contractual obligations prescribed by the EU model contract clauses and the requirements in the Australian Privacy Principles. If you have any questions in relation to the transfer of your personal information outside the jurisdiction of origin please contact us at [email protected].
The transmission of information via the internet is not completely secure. We cannot guarantee the security of your data transmitted to our online services; any transmission is at your own risk. Once we have received your information, we will take reasonable steps to use procedures and security features to try to prevent unauthorised access, modification or disclosure. For example, electronic communications through non-secure web platforms including WeChat may not be secure, virus-free or successfully delivered. If you communicate with us using a non-secure web platforms, you assume the risks that such communications between us are intercepted, not received, delayed, corrupted or are received by persons other than the intended recipient.
We take reasonable steps to hold information securely in electronic or physical form. Our information security policy is supported by a number of security standards, processes and procedures and we store information in access controlled premises or in electronic databases requiring logins and passwords. We require our third party data storage providers to comply with appropriate information security industry standards. All partners and staff and third party providers with access to confidential information are subject to confidentiality obligations.
You can help us to keep your information secure; please remember that any user name or password in relation to our websites is personal to you and should not be made available to any other person. You should stop using your username and password and notify us immediately if you suspect that someone else may be using them.
8. Third party sites
In addition to our online services, which we control directly, we also use and provide links to websites which are controlled by third parties, which may include:
Kenexa and cvMail, which power our careers websites;
CPDcast, which hosts some of our podcasts;
Facebook, where we have a graduate recruitment and other social pages;
HighQ Solutions, IntraLinks and Ansarada, which power our data rooms;
Sprout Video, which powers the video streaming across some of our online services; and
Twitter, LinkedIn and YouTube, where we have certain Herbert Smith Freehills accounts and profiles.
If you use or follow a link to any of these third party websites, please be aware that these websites have their own privacy policies and that we cannot accept any responsibility for their use of information about you.
9. Your rights
The privacy laws of some jurisdictions give individuals the right to access, amend or delete their personal information or, in some circumstances, to restrict the processing of their personal information.
If you would like to request a copy of your data or would like to change or erase all or any part of the information we hold about you, please contact us as set out below. We may refuse to provide access and may charge a fee for access if the relevant legislation allows us to do so, in which case we will provide reasons for our decision as required by law.
Some of our online services such as our Alumni Hub (at www.alumni.hsf.com) and our recruitment website (Kenexa) may give registered users the ability to directly access and update certain profile information.
We may send you marketing materials relating to our services by email or post. If, at any time, you would prefer to stop receiving newsletters and updates from us, please use the “unsubscribe” option included in the email or other material.
10. Status of this policy
11. Contact and further information
To find out more about HSF entities, please visit www.herbertsmithfreehills.com/where-we-work.
If you make a privacy complaint, we will respond to let you know how your complaint will be handled. We may ask you for further details, consult with other parties and keep records regarding your complaint.
12. HSF office locations
HSF offices and associated offices are located in Australia, UK, Germany, Belgium, Indonesia, Spain, Russia, USA, South Africa, France, Italy, South Korea, United Arab Emirates, the Kingdom of Saudi Arabia, Thailand, China (including Hong Kong), Singapore and Japan, although our services extend beyond these locations. For the most current list of our offices and other key regions we service, see www.herbertsmithfreehills.com/where-we-work.
Last updated: October 2017.